Terms of Service

WEDDING SERVICES:

Services contracted are between you, hereafter known as the Couple or Client, and Ceremonies by the Sea, hereafter known as CBTS. Contracts are valid for a specific date & time, and only valid by counter-signature of the Vendor.

PAYMENT SCHEDULE:

A retainer equal to 50% of the contract value is required to secure a date and time commitment for your wedding. This retainer is non-refundable in the event of cancellation, it being the agreed loss suffered by CBTS due to cancellation. The final balance will be due one month prior to the event date, prior to any services being rendered.

If this Contract is signed less than forty-five (45) days from the event date, payment in full shall be due upon the signing of the Contract, and all payments shall be non-refundable.

If a payment is not submitted within fourteen (14) days of signing this contract, your contract will be cancelled, without recourse, unless payment arrangements have been made.

Payment by check is preferred. Checks should be made payable to: Ceremonies by the Sea, and mailed to: 12 Bogey Circle, New Smyrna Beach, FL 32168. There is also a payment drop-box at that location. Returned checks will be subject to a $50 non-sufficient funds fee. Future payments must be paid be cashier’s check or money order.

Payments made within two (2) weeks of the event date must be paid in cash. No exceptions. Please do not send cash in the mail.

All Payments not received by the due date may be subject to late
fees equal to 1% of the overdue payment, per day late. Additionally,
CBTS shall cease work on your wedding until payments are up to date. After any payment that is ten (10) days past due, CBTS shall be
entitled to terminate the Contract immediately, and shall retain the
Retainer Fee and any payments already tendered by Client. Clients shall pay any attorneys’ fees, court costs, or other costs
incurred in collection of delinquent fees stated in fee schedule.

The date of your final payment is the final date for any changes to the
contract. Any changes requested after this date cannot be guaranteed and
may be subject to additional charges.

GRATUITY:

Gratuity is never expected, but appreciated. You may feel you would like to express your gratitude for excellent service in this way. Some Couples send a thank you card with a picture. The best thank you is to refer a friend. Some Couples do all of the above.

DELAYS & LATE FEES:

Client must adhere to the specified dates and times on the contract. If the client is late for arrival, there is no extension, and rental and service end times remain in effect.

Your wedding guests and other vendors will also expect your wedding to start on time. Wedding invitations sent should instruct your guests to arrive 30 minutes prior to the scheduled start of the ceremony to avoid unnecessary delays. As a courtesy to everyone, please be on time.

Vendor understands events do not always go as planned and will accommodate for ceremonies that start later than scheduled, within reason, and as time permits.

Vendor will allow for up to 1 hour block of time, per event, to give plenty of time for unexpected delays.

If the wedding start time is delayed by more than 30 minutes, a $50 late fee will be assessed. If the start time is delayed by more than 45 minutes, Vendor reserves the right to leave the premises, without refund, or may charge $50 for every 30 minutes of delay.

Any late fees must be paid before the ceremony begins. Often we have helpers working for us that must be paid for their time. Additionally, we often have other events booked on the same day, and being late will affect everyone's schedules.

CBTS is not responsible for any late fees of other vendors participating in your wedding.

VENUES:

Client is responsible for securing a venue for their wedding. This includes all rental fees or permits associated with the venue(s) of their choice.

Weddings in paid locations or attractions must be paid by the Client, including any fees for CBTS and their associates to park or enter, such as Theme Parks, Festivals, or Attractions, or Parking/Valet fees required by some resorts and venues. Parking fees will be charged according to the maximum daily rate at the specified location, plus any necessary gratuities.

Any special setting that requires CBTS to remain on site for an extended period of time may also incur additional fees, depending on the amount of time required.

TRAVEL and DESTINATION WEDDINGS:

CBTS is available to conduct weddings anywhere within the State of Florida. Any destination wedding outside the typical service area must be fully discussed in advance, and the Client shall pay any additional transportation expenses and hospitality costs, such as meal allowance and hotel accommodations, and a per diem may be discussed.

Destination weddings outside typical service radius may require additional air, ground transportation and hotel accommodations, arrangements for which are to be determined prior to the signing of this Contract, whenever possible. Any travel arrangements booked by Client on CBTS’s behalf are subject to CBTS’s input and advance approval. CBTS shall be reimbursed by Client for any travel expenses within ten (10) days of presentation of an invoice or receipt to Client.

Hotel accommodations are required for any of the following conditions, if:

the wedding is at or before 11am and >50 miles away, for the night before the wedding;

the wedding is at or after 5pm and >50 miles away, for the night after the wedding;

the wedding is >50 miles away, and service is requested for rehearsal the night before;

round-trip travel >4 hrs driving time per day, for the night before or after wedding.

OUTDOOR CEREMONIES:

If an outdoor wedding is planned, Client is responsible for securing a back-up location in the event of inclement weather. If we can wait out a storm for a brief period of time, we will. But if we can't, we will move the ceremony to the back-up location.

If there is a hurricane warning, we are happy to reschedule for another day, as long as the date is not reserved.

BEACH WEDDINGS:

If a beach wedding is planned, it is the Client's responsibility to find and hold a spot at the agreed upon location on the beach for their set-up and guests.

In the event of inclement weather. CBTS will make every effort to have the ceremony on the beach, but if we can't, we will move to the back-up location.

Certain elements of your set-up may not be available at the back-up location (see Equipment). Alternate decor may be offered to re-create your set-up.

BEACH PERMITS:

Client must submit to Volusia County Beach Safety the proper paperwork based on the number of guests who will be in attendance. Contact Beach Safety for requirements:

Over 50 Guests:

A permit is required in Volusia County for beach events of more than 50 guests. Client must fill out a Special Event Application and submit it to Volusia County Beach Safety for approval, at a fee of $100.

Special event insurance must also be purchased, naming CBTS as an Additional Insured. We recommended The Event Helper.

Proof of permit and insurance must be emailed to CBTS before any set-up may occur. If a permit is not secured, Client is responsible for any fines issued for non-compliance.

Client must fill out a Special Event Application and submit it to Volusia County Beach Safety for approval, at a fee of $100.

Up to 50 Guests:

Although a permit is not required for events with less than 50 guests, you are still requested to submit a Beach Activity Notification to Volusia County Beach Safety for approval. There is no fee for this, and special event insurance is not required.

Once approved, email a copy of the Beach Activity Notification to CBTS.

Email the appropriate form as defined above to Lynea Lewis at ldlewis@volusia.org. CBTS cannot be held responsible if another event occurs at the same time and location of your wedding due to Client's failure to comply with county paperwork requirements.

This information is provided as a courtesy and is subject to change. Client shall check state and county rules to make sure they are in compliance. If the wedding is to be held outside of Volusia County, it is the Client's responsibility to find out requirements for any permits specific to that county.

All ceremony set-up is to be seaward of the Conservation Zone, marked by posts. Federal Law prohibits any activity within 30 feet of a marked sea turtle nest. Lighting of any kind is prohibited during sea turtle nesting season (May 1st thru October 31st).

It is the Client's responsibility to ensure their guests are being respectful of our local beaches. Client and guests are expected to behave in a manner that fully preserves the natural resources of our local beaches, protects beach vegetation, and to keep off the dunes and dune vegetation at all times. It is unlawful to remove anything from the beach such as sand, vegetation, or wildlife.

Styrofoam containers and toxic chemicals are prohibited from the beach at all times. Fabric flower petals are not to be used at any time, or under any circumstances, as they cannot easily be retrieved or disposed of, and pose a danger to wildlife. You are encouraged to research environmentally-safe and bio-degradable alternatives, or contact CBTS for recommended options.

It is not CBTS’s responsibility to collect or dispose of any waste products left by you or your guests. You shall designate someone in your party to ensure beach cleanliness is maintained, and that all trash is collected and disposed of upon conclusion of the ceremony.

Any and all waste produced at the event, by any individual, must be appropriately collected and disposed of in any of the many trash receptacles conveniently located along the waterfront, including, but limited to, food waste, plastic containers, soda cans, cigarette butts, bubble favors, ceremony programs, and flower petals.

If trash is not collected within a reasonable time, or if CBTS must clean up any waste left by you or your guests, you will be charged a $250 penalty for non-compliance. Additionally, you will be responsible for any fines issued by county officials.

In some cases, a $250 Beach Cleanliness Deposit will be required and collected to ensure that the ceremony site is left free of debris or litter left by you or your guests. If the beach is left in satisfactory condition prior to your departure, this deposit will be returned via check within 30 days following your event. If debris or litter is not collected within a reasonable time, or if CBTS must clean up any waste left by you or your guests, the beach cleanliness deposit will be forfeited, without recourse.

EQUIPMENT:

Equipment or Ceremony Décor reserved from CBTS for your event gives Client sole usage of the equipment during the date and times outlined in the contract.

Equipment offered by CBTS, such as arches, PA system, chairs, or any other equipment ordered for set-up, can only be offered in fair weather conditions. Some parts, or all of our set-ups will not be installed during certain weather conditions. High wind, rain, tide conditions, and other forces of nature affect the integrity, functionability and safety of equipment. This shall be at the sole discretion of CBTS.

Reservation of the equipment is non-refundable. In the case of inclement weather, where set-up cannot be accommodated, full rental charges will remain in effect. If weather related issues arise, CBTS will make every reasonable effort to re-create the set-up at the back-up location. Some decorations might not be able to be used at the alternate ceremony site. Client assumes all risk for adding these items to their contract.

CBTS requires reasonable access to the beach for delivery of the equipment to the ceremony site, or additional set-up fees will be due from Client. Some equipment requires additional persons to be present during set-up and breakdown. Fees related to our equipment, delivery, and set-up, include considerations for reserving and paying those persons to be on site. Any costs related to these services incurred by CBTS are not refundable.

In most cases, set-up is completed up to 30 minutes before the scheduled start of the ceremony, and available for up to 30 minutes after the completion of the ceremony to allow time for your photographer to take pictures of you with your set-up.

Client shall be financially responsible for, and reimburse to CBTS, any and all costs, damages and expenses (including, without limitation, attorneys’ fees and associated costs), due to damage or theft of any of CBTS’s equipment caused by Client or any wedding guest.

If the ceremony includes a sand ceremony, unity painting, unity candle, or any other special feature, the Client is responsible for furnishing all equipment and furnishings needed, unless ordering products already offered by CBTS.

MARRIAGE LICENSE:

Client is responsible for obtaining a Florida Marriage License no sooner than 60 days prior to their wedding date, and at least 3 days prior to the wedding date before the license becomes effective. The three-day waiting period is waived for non-residents.

The current cost of the marriage license in the State of Florida is $86.00, which is not included in the Vendor’s fees. There is a discount of $25.00 offered to Florida residents who complete an approved pre-marital course. Also, the three-day waiting period is waived. Ceremonies by the Sea does not require you to complete any course.

The Family Law Handbook is required by the State of Florida to be read by all marriage license applicants before the marriage license is issued. The Handbook is available for download on our website (linked below).

The marriage license must be on the premises when the ceremony is performed. Client understands that failure to have these legal documents means that the Officiant cannot legally perform the ceremony and is under no obligation to do so. The Officiant may at his/her discretion perform a symbolic ceremony, which will have no legal merit, and perform another ceremony in private for the Couple once the legal documents are presented, for an additional fee.

The Officiant must return the marriage license to the county within 10 days of the ceremony.

For more information on how to obtain your marriage license, or to review the Family Law Handbook, visit the Getting Married In FL page of our website.

ATTENDANCE:

Vendor agrees to provide services at the specified date and time on the contract. Should Vendor be unable to attend your event due to unforeseen circumstances, including injury, illness, or incapacitation, all reasonable efforts will be made to find a replacement of reasonably similar experience to perform services on CBTS’s behalf. The replacement will be given all pertinent information relating to your event.

In the unlikely event that CBTS is unable to secure a replacement to attend your event, Client shall receive a refund in the amount equal only to services yet to be rendered.

Client agrees that in all circumstances, CBTS liability shall be exclusively limited to an amount equal to the performance fee and the maximum remedy shall be a prorated portion of the Fees paid by Clients prior to the date of the occurrence of incapacitation, based upon the extent of the services rendered prior to incapacitation. CBTS shall not be liable for indirect or consequential damages arising from any breach of contract.

REHEARSAL ATTENDANCE:

If the Client wishes to have CBTS attend a rehearsal, it
needs to be explicitly added to the contract, and an additional fee of
$95 will be added, unless ordering a package in which Rehearsal
Facilitation is already included.

Rehearsal Attendance may be added for an additional fee of $95, based on up to one hour of rehearsal time.

Rehearsals are subject to availability and must be scheduled as to not interfere with other events for which the Vendor is previously booked.

Rehearsals at locations outside of service radius will be subject to additional travel fees.

VENDOR ACCESS & COMMUNICATION:

All correspondence must be submitted in writing, as to keep an accurate account of all that is discussed regarding your event.

Excessive phone calls will not be accommodated. All phone conversations must be scheduled by appointment only, and all topics of discussion must be emailed in advance to give adequate time for CBTS to research and prepare answers to all questions effectively and efficiently.

Client is entitled to one in-person consultation, if requested, and Client shall comply with CBTS’s schedule and meetings policies: in-person meetings are by appointment only; regular business hours are 11am to 5pm Monday through Friday.

Meetings shall be limited to one hour, and scheduled a minimum of 72 hours prior to the requested meeting time, and no meetings shall be held on Saturdays or Sundays or outside regular business hours, unless agreed to by CBTS.

Client shall give CBTS at least 24 hours notice in the event of the cancellation or rescheduling of any in-person meeting; failure to comply with this requirement will result in the assessment of a $50.00 cancellation fee.

UNPLUGGED WEDDINGS:

An unplugged wedding is where guests are asked to refrain from taking pictures during the ceremony and encouraged to put down their phones and cameras as to allow themselves and other guests to be fully present and enjoy the celebration.

Unplugged weddings are strongly encouraged, especially if you will have a professional photographer capturing the important moments of your event. Photographers cannot be held responsible for missed shots due to guest interference.

PHOTOGRAPHY RELEASE:

Client does hereby consent and agree that CBTS has the right to take photographs and/or digital recordings of Client and their event, and to use these in any media now or hereafter, and exclusively for the purpose of a business portfolio and/or marketing.

CBTS retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or promoting his/her work.

Client consents that their name(s) may be revealed by descriptive text or commentary. and further understands that there will be absolutely no financial consideration for photographing or recording Client, either for the initial or subsequent transmission or playback in the future.

Any photographs which have been provided by CBTS to the Client may be printed, and displayed online, for personal but not commercial use.

ZILLA:

CBTS reserves the right to cancel your agreement at any time for any reason (including the day of the event,) and retain reasonable fees and all expenses, if it is due to Clients’ and/or Client representative's behavior, actions or in-actions.

Threats, harassment, any demeaning or belittling behavior, unrealistic or unnecessary requests or changes, unnecessary or excessive number of phone calls, will not be tolerated, and contract will be terminated. Aggressive, abusive, rude and/or obnoxious behavior will not be tolerated towards any staff, vendors or subcontractors.

HARASSMENT:

We have a zero tolerance policy for harassment. Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by CBTS shall be the responsibility of the Client.

In the event a CBTS associate experiences any inappropriate, threatening, hostile, or offensive behavior from any guest or other person at the event (including but not limited to, violence, belligerence, and/or verbal or physical conduct of a sexual nature), then the following process shall be followed:

first offense: Coordinator in charge and/or Client shall be informed, and the offending person(s) will be required to leave the premises immediately;

second offense: if Coordinator in charge or Client refuse to eject the offending person(s), or if the offending person(s) refuse to vacate the premises, CBTS will end services immediately and leave the event, and CBTS shall be entitled to retain all monies paid.

CBTS reserves the right to get authorities involved, depending on the extent or severity of the harassment.

FORCE MAJEURE:

The agreement of CBTS to provide services is subject to proven detention by accidents, fires, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. Should Clients’ Wedding be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by CBTS. CBTS will use all reasonable efforts to work with Client to produce the Wedding at a later date, subject to availability, and a substitute representative may be present on CBTS’s behalf on the rescheduled date. Additional fees may be incurred as a result of a rescheduled event. A re-planning fee for the new date will apply.

HURRICANE SEASON:

Client is hereby advised that Atlantic Hurricane Season occurs from June 1 to November 30. Peak hurricane season occurs primarily in the months of August thru September. Hurricanes can bring severe thunderstorms, extreme rain, and hurricane force winds. Certainly not ideal for a wedding, but more importantly, it would be dangerous travel conditions for our staff and clients alike. Additionally, major hurricanes can cause powerful storm surges, flash flooding, massive damage to vehicles and buildings, and extended power-outages. Client understands the risk in scheduling a wedding during these months.

If Client's event is adversely impacted by a hurricane or other similar natural disaster, there shall be no refunds for payments already received by CBTS. CBTS will use all reasonable efforts to work with Client to produce the Wedding at a later date, subject to availability.

Non-Florida Residents: If you are traveling to Florida for your wedding from out of state during a hurricane warning, and you can avoid it, please do not come. Chances are, gas stations and markets are already running out of valued resources needed by residents trying to prepare for the storm, and additional visitors entering the State of Florida seriously impedes those who live here from obtaining potentially life saving supplies.

If there is a hurricane warning issued in the days proceeding your event, it may be prudent to start rethinking your travel plans to Florida and/or rescheduling your wedding to an earlier (if possible) or later date. It just doesn't make sense for Client's families and friends, nor vendors working your event, to put themselves at risk when they have other things to be worrying about, such as preparing their families or homes. Both Clients, Guests, and Vendors alike won't be able to relax and enjoy themselves, or effectively perform their assigned duties at your event, if Client decides to push forward with it.

In the event of a hurricane warning, CBTS will reach out to Client for options regarding a reschedule of their event date and Client shall be given a deadline for which to respond. Our first concern is the safety of our staff, our clients, and their guests. If a mandatory evacuation is called for, we will heed all warnings and advise our staff and clients alike to evacuate the area before the worst of the storm hits. For liability concerns, we will not allow our staff to work or attend any event for which they cannot safely travel to or depart from.

If you decide to proceed with your wedding, and conditions that day are such that it would be unsafe or impossible for our staff to travel to your event location, or if a mandatory evacuation is called for, CBTS reserves the right to cancel your booking, without recourse.

LIMIT OF LIABILITY:

Client agrees that, to the fullest extent permitted by law, CBTS’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract and negligence, shall be limited solely to the dollar amount of the Fees paid by Client to CBTS.

CBTS is not responsible for any defective products or imperfect resources purchased on behalf of Client or provided by other Vendors that may negatively impact or affect the Wedding or cause any type of injury, and Client waives any right to pursue any claim, demand or cause of action against CBTS for such.

CBTS is not responsible for any other Vendor’s performance, or lack thereof, and Client expressly agrees to waive any claims, demands or causes of action against CBTS with respect to the goods or services of any Wedding Vendor, venue or other third party recommendations made by CBTS.

CBTS is not responsible for any items lost, stolen or damaged during the wedding, including, but not limited to, personal property of Client or any guest, gifts, cards, wedding décor, and property of Wedding Vendors, and Client agrees to hold CBTS harmless for any such loss.

CBTS is not responsible for monitoring the consumption of alcohol by Client or guests and Client shall indemnify CBTS for any alcohol-related third party claims against CBTS. It is Clients’ responsibility to ensure that a properly licensed and trained bartender is responsible for the serving of all alcohol.

CBTS is not responsible for warning guests about risks associated with any food allergy concerns or choking hazards for small children. It is Clients’ responsibility to inform guests of any food, favors, or welcome bag items that may present these risks, and Client shall indemnify CBTS for any resulting third party claims against CBTS.

CBTS is not responsible for any accident or injury that might occur to anyone in and/or attending our events. Client assumes full responsibility for their selves, attendants, guests, and other vendors.

Client acknowledges and agrees that these limitations reflect a fair allocation of risk and that CBTS would not enter into this Agreement without these limitations on its liability.

CHANGES or POSTPONEMENTS:

CBTS must be notified immediately of any change made to date, time, or location of the event, to check availability. All change requests must be submitted in writing.

Any change to venue or location must be arranged in advance, and if additional travel expenses are necessary, you agree to compensate CBTS, accordingly.

For date changes or postponements, there is no guarantee of availability of CBTS, or your other service providers for the new date. There will be a re-planning fee associated with all date changes. Changing event dates will also result in additional fees and/or forfeiture of your retainer, if CBTS isn’t given adequate notice or opportunity to re-book the original date.

Client must confirm a new date with CBTS within sixty (60) days of receiving written receipt of change request, and the new date must be scheduled within six (6) months of the original contract date.

Retainers may be applied to one (1) postponement, subject to availability. If the event is postponed more than one (1) time, or if the postponement is booked more than six (6) months from the original date, the retainer will need to be re-paid in order to re-book. The original retainer will not be refunded.

In the event of postponement, the existing contract will be considered null and void, and a new contract must be agreed to and signed by both parties, but shall be subject to the current rates, terms and conditions. In some cases, the non-refundable retainer may be applied to the new contract and additional monies may be required to satisfy the new contract value.

CANCELLATIONS:

In the unfortunate event that either Client, individually, or both Clients, jointly decide to cancel or call off the Wedding for any reason, or should Client have a change of heart with respect to using CBTS’s services, official notice must be submitted in writing.

For wholly cancelled events, Client forfeits all monies paid to date, no exceptions. Any outstanding or overdue payments will be due immediately. CBTS shall be entitled to retain the non-refundable, non-transferable Retainer identified in this Contract, regardless of when such notice is given to CBTS, as well as any subsequent payments made by Client prior to CBTS's receipt of cancellation request.

Cancellations less than sixty (60) days from the event date will require payment in full. The termination fee represents the loss suffered by CBTS, as compensation for the decreasing likelihood of re-booking Clients’ Wedding date upon such late notice, and for services already rendered by CBTS prior to the termination, and are not intended to be a penalty.

Client will be responsible for any third party collection fees in the event CBTS must pursue payment, following non-payment from Client.

The remainder of these contract terms to follow shall remain in effect, in perpetuity, should the contract ever be breached or cancelled by Client:

DISPARAGEMENT:

Client agrees to take no action which is intended, or would reasonably be expected, to harm CBTS's reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to CBTS.

Client agrees that they will not post any negative statements, reviews, comments, or feedback about CBTS or services provided to any third party, whether orally or in any written publication or online forum, chat room, or message board, including but not limited to, WeddingWire, The Knot, Facebook, Google, Yelp, or any and all other review platforms.

Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has filed to comply with this provision, legal matters will be taken to determine damages.

DISPUTE RESOLUTION:

Contracts are entered into in Volusia County, Florida. Contracts shall be governed by the laws of the State of Florida. In the event of any dispute arising out of or relating to this Agreement, or the breach thereof, the parties hereto shall use their good faith efforts to settle the dispute through mediation/arbitration in Volusia County, FL.

CONFIDENTIALITY:

CBTS owns, possesses or controls certain trade secrets and other proprietary and confidential information acquired through the expenditure of time, effort and money, including, but not limited to, Ceremony Builder, planning documents, instructional documents, timelines, schematics, sketches, checklists, vendor information and the terms of this Agreement, including pricing (herein “Confidential Information”).

All parts of this agreement shall be considered confidential, to include terms, pricing, and detailed descriptions. No portion of this contract shall be shared with any other party or competing vendor. Client agrees to use all best efforts to protect CBTS’s interest in the Confidential Information and keep it strictly confidential. This includes a covenant to not directly or indirectly disclose, allow access to, transmit or transfer the Confidential Information to any third party, without CBTS’s prior written consent.

CONTRACT ACCEPTANCE:By signing a contract with CBTS, you consent to the Terms
of Service outlined above, and agree to submit the minimum
non-refundable deposit at your earliest convenience. You understand that
until your payment is received, your date and time is not secure.